Wisconsin has a higher rate of drunk driving fatalities than the nation’s average, and to combat that, the state has put stricter laws in place when it comes to DUIs and OWIs. Understanding that these laws have a zero-tolerance policy throughout the state should deter anyone from getting behind the wheel while they are under the influence of drugs or alcohol.
If you do find yourself facing OWI charges in Wisconsin, there are ways that you can still protect your rights and freedoms from the far-reaching consequences of the state’s strict laws and devastating penalties. It’s crucial to seek experienced legal representation and have the guidance of a dedicated OWI defense attorney who understands the intricacies of Wisconsin Law.
Understanding OWI/DUI Charges in Wisconsin
OWI stands for operating while intoxicated, and while this is often used interchangeably with DUI, it covers a broader range of vehicles, such as bikes or boats. OWIs are an illegal violation when someone is operating a vehicle while they are under the influence of drugs or alcohol. This impairment can lead to injuries, destruction of property, or even loss of life.
While most states have a legal BAC of 0.08%, Wisconsin takes it a step further: any amount detected on a breathalyzer can result in arrest and possible OWI charges. Law enforcement is empowered by the state to determine if the influence of drugs and alcohol impairs the driver and to make an arrest. There is also a zero tolerance policy; if you are under 21 years of age and present any amount of alcohol on your breathalyzer, you will be arrested.
The drivers of Wisconsin accept implied consent laws when they get behind the wheel. Implied consent means that if an officer has probable cause to believe that you are under the influence, they can ask you to take a breathalyzer test to determine your BAC. If you refuse to take a breathalyzer test, you will face mandatory consequences, even if it is later determined that you were indeed sober at the time.
Potential Consequences of an OWI/DUI Conviction in Wisconsin
Facing OWI charges can have far-reaching impacts for the rest of your life. The penalties for an OWI can be severe, including jail time, fines, and license suspension, and it is a part of your criminal record. It is vital to hire an experienced attorney to guide you through the complex legal process and help mitigate these consequences.
Penalties for a first-offense OWI can include:
- Fines up to $300
- License revocation up to 9 months
- Ignition interlock device
- Rehab programs
Penalties for repeat offenders can include:
- Up to one year in jail
- Up to $2,000 in fines
- License revocation up to 3 years
- Community service
- Rehab programs
- Ignition interlock device
OWI’s aggravating factors can bring your charges from misdemeanor DUI charges to aggravated felony OWI charges. With penalties of serious prison time, extensive fines and fees, and irrevocable consequences in the future, if you are facing these charges, contact Nero DUI Defense so we can begin to build your case to defend your license and rights.
Aggravating factors such as:
- Four or more DUIs
- A minor in the vehicle
- Injuries or property damage
- Extremely high BAC
- Fatal accidents
Understanding the ramifications of facing OWI charges is crucial to ensuring that you speak with a strong legal team to start building your defense and thinking about your future.
Protecting Yourself After an OWI/DUI Arrest in Western Wisconsin
During a traffic stop, you should always comply with officers requests and provide identification calmly and promptly. However, you have the right to remain silent and not answer any questions. They will often come up to your window, attempt to make small talk, and ask: “Where are you coming from tonight? Have you had any drinks? Where are you headed?” and you can politely refuse to answer them.
If there is probable cause and the officer asks you to take a breathalyzer, do not refuse a breath test unless an attorney advises. Refusing a breath test is a serious decision requiring a mandatory administrative suspension of your driver's license. In Wisconsin, refusing a chemical test can result in a license suspension of up to one year for a first offense, and you can still face an OWI charge on top of that with its consequences from the same incident.
Contacting a Western Wisconsin OWI attorney as soon as possible will ensure that even if you refuse the chemical test, they can start the process to ensure you receive a fair and just administrative hearing to fight the suspension. Nero DUI Defense can represent you in this hearing and fight to protect your driving privileges.
Got a DUI? Get a DUI Lawyer
If you are facing a DUI/OWI, even if it is your first offense, you need a dedicated DUI attorney like Nero DUI Defense. Without an experienced legal team representing your case, you may miss critical details and strategic opportunities to safeguard your future and your freedoms. With in-depth knowledge of relevant laws, procedures, and the latest legislations, Nero DUI Defense will be able to represent you during the case successfully and advise you on the necessary steps after so that you can move on with your life successfully. Contact Nero DUI Defense today. The sooner you secure representation, the sooner you can receive the most favorable outcome.
